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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Married and Overstayed

    I am married to a US citizen, and have two american citizen children, the second with him. We lived outside the US, and I had a ten year B1/B2 visa, that was granted to me because I am a Fulbright alumni (before we got married). We visit the US every year, for family visits (especially my first child's dad, because we care about family ties and bonds). At our last visit in the US, I applied for an extension of stay, and it got denied. But the answer arrived two months after my I-94 expired. My husband had a traffic ticket, for which we had a court date, and I didn't want to leave without him, so I ended up overstaying my I-94 by 5 months. We left a couple days after his court date.

    My husband has joined the navy, and has to go back to the US in April. Is there any single chance I can go back to the US, with him, using my same old 10 year B1-B2 visa? I called the US Consulate here, and they said there is no ban on my visa. But they dont have access to the automated system, and cant tell whether my visa is cancelled or not.
    If I had to apply for a new non-immigrant visa, what would be the chances that it would be denied? What about an immigrant visa?

    The reason why my extension of stay was denied was that they weren't convinced that my stay was "temporary". Doesn't my leaving prove that they were wrong, and that my stay was temporary? Can the fact that my husband joins the navy help us get a new non-immigrant visa? I dont really want to apply for an immigrant visa right away, because my husband prefers to be shipped abroad, after bootcamp and military school. so there are chances we are not going to stay in the US and that a tourist visa would still work good for us to be together for some more time ahead. But we are a very loving family, and cant imagine being separated from each other and from our kids for bureaucratic reasons, that dont make much sense in face of our love!

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Married and Overstayed

    We have even less access to the system than they do - as in none. Options include applying for a new visa for which you qualify (if you get it, odds are there won't be a problem at the border), and taking your chances at the border on your current visa.

  3. #3
    Join Date
    Aug 2009
    Posts
    24

    Default Re: Married and Overstayed

    so u can call the consulate and ask them if u have a ban on your visa?

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